Search

The article provides a review on the papers entitled "The Dynamics of Judicial Review Litigation: The Resolution of Public Law Challenges Before Final Hearing" and Mediation and "Judicial Review: An Empirical Research Study." It assesses that they provide a picture of how judicial review are run and resolved by lawyers, judges and mediators. It perceives that they raise the perspective of prehearing settlements and offers optimistic view of the ability of lawyers to come to satisfactory outcomes without the intervention of mediator or judges.

By 1865 British Imperial governments had accepted that colonial courts had the authority to invalidate colonial statutes which contravened the relevant colony's constitution. This situation arose notwithstanding the lack of any express grant of such jurisdiction to colonial courts in Imperial or colonial legislation. This paper evaluates the first instance of a colonial court asserting that jurisdiction, during the Dog Act crisis in Van Diemen's Land (Tasmania) in the 1840s. Part one of the paper charts the background to, conduct of and judgment in the relevant litigation. The second part, which will appear in a future issue of this journal, explores the consequential attempts of the colony's Governor to remove the judges from office and to re-enact the invalidated colonial law. The suggestion made is that the Dog Act controversy provides considerable insight into how, despite the absence of any explicit statutory grant of such jurisdiction, the power of judicial review of colonial legislation by colonial courts became established as an orthodox element of British colonial constitutional law in the latter nineteenth century. [ABSTRACT FROM AUTHOR]

Treaties are concluded by States but often impose rights and obligations directly upon private parties. Can private parties contract out of a treaty including States' oppositions without explicit permissions granted by the treaty? The complexity between party autonomy and State sovereignty is reflected in recent cases and unsettled debates regarding the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters of November 15, 1965 ("HSC"). The HSC contains a large number of oppositions made by 65 Contracting States including China, Germany, India, and Singapore. Combining public and private international law, this paper aims to explore the correlative relationship between party autonomy and State sovereignty in applying the HSC. [ABSTRACT FROM AUTHOR]

This paper will first review the debate over the definition and recognition of Indigenous peoples with regard to the people of Ryukyu/ Okinawa, focusing on the colonial history, specifically regarding the case of the lawsuit calling for the return of the Ryukyuan ancestral remains. Then, after an overview of the history of the lawsuit calling for the return of the Ryukyuan ancestors, which was instigated in 2018, I will present what has been achieved so far, the challenges that remain, and the prospects for the future. There, the 'colonialism by academic knowledge' nurtured since the colonial period will be exposed, and the recognition by the state of the people of Ryukyu and Okinawa as Indigenous peoples, and the possibility of solidarity among civil society and domestic and international Indigenous and minority peoples will be analyzed. [ABSTRACT FROM AUTHOR]

Terrorism research has gained much traction since the 9/11 attacks, but some sub genres of terrorism, such as right-wing terrorism, have remained under-studied areas. Unsurprisingly data sources to study these phenomena are scarce and frequently face unique data collection obstacles. This paper explores five major, social-scientific terrorism databases in regards to data on right-wing terrorist events. The paper also provides an in-depth examination of the utilization of criminal legal proceedings to research right-wing terrorist acts. Lastly, legal case databases are introduced and discussed to show the lack of available court information and case proceedings in regards to right-wing terrorism. [ABSTRACT FROM AUTHOR]

In 1966, the US Supreme Court overturned a conviction after pervasive coverage of a crime and court proceedings deprived a defendant's fair trial rights. Two North Carolina judges subsequendy issued a rule of court restricting the information trial participants, court workers, and law enforcement officers couldpublicly release between the time of an arrest and the end of a trial. Journalists indicated a virtual blackout on crime news followed as law enforcement officers cited the rule when refusing to release crime and accident reports. Editors initially presented the rule as a threat to press freedom, which undermined the press' responsibility to scrutinize criminal justice. News editorials criticized the rule, reflecting journalists' fears that the North Carolina experience exemplified the potential for police and judges to create broad blankets of secrecy. Members of the press and bench, however, ultimately came together to address ways to protect free press and fair trial rights. This article uses interviews of Judge E. Maurice Braswell and historical analysis of the archival paper collections ofJudge Raymond B. Mallard, Samuel T. Ragan, and Elmer Oettinger, Jr. This article aims to describe the North Carolina judges'motivation for issuing the order, judges' reactions to the order, press reactions to the order, judges' reactions to that press coverage, and methods that one of the judges and one of the journalists ultimately recommended to address free press and fair trial rights. [ABSTRACT FROM AUTHOR]

This paper analyses the role of a code of ethics for judges in connection to a contemporary definition of responsive 'T-shaped' judicial professionalism and the professional-ethical questions which can arise in judicial decision-making regarding politically and societally controversial issues. The paper's case study focuses on climate-change related litigation in Dutch courts. First, a theoretical framework which conceptualises practical and ethical elements of T-shaped judicial professionalism as 'virtuous judgecraft', building on the work of Kritzer and Van Domselaar, addresses the knowledge, skills, and ethical mindset that judges need for fulfilling their roles in relation to this notion of professionalism. Next, the paper analyses to what extent connections with guidelines of the Dutch Guide to Judicial Conduct (GJC), considered in light of the developed framework of virtuous judgecraft, can be recognised in the approaches of judges in the landmark Urgenda judgments. Based on this analysis, the paper presents conclusions regarding the value of the GJC for enhancing judicial performance and for explaining judgments, in particular those which involve complex societal issues, to parties and the general public. [ABSTRACT FROM AUTHOR]

In the name of development, water management, and economic growth, the government of Sudan has made the construction of hydroelectric dams a national priority. In the case of the Merowe Dam, it is estimated that around 60,000 people have been affected by the government's hydropower programmes, including loss of land, livelihood, and even life. These struggles have led to a number of litigation efforts, using both national and international judicial bodies. From a research perspective, this unfolding struggle provides a unique opportunity to follow both the trajectory and impact of norms. Do international norms travel locally to support the struggle? Do domestic norms, perhaps newly established, drive the struggle on the international stage? This paper studies a particular set of international norms around indigenous rights and their role in the struggle. Although only one local population of the several affected is technically classed as indigenous, other non-indigenous groups are using the indigenous rights framework in seeking justice, contributing to the strategic regional movement to extend these rights and develop African jurisprudence. This paper explores whether this is evidence of groups 'becoming indigenous' in order to access justice or whether this is an example of organisations directing, or perhaps even overpowering, vulnerable communities. [ABSTRACT FROM AUTHOR]

As has been widely acknowledged, Keith's (1960) paper that heralded the coming of the marketing revolution at Pillsbury has achieved seminal status within the marketing literature. Its historical narrative, on the other hand, has been repeatedly challenged: some doubt whether the marketing concept emerged as late as the 1950s and 1960s. Commensurate with this view, a variety of papers have documented key associated ideas such as customer centricity far earlier in the historical record, from the seventeenth, eighteenth, nineteenth, and early twentieth centuries respectively. The purpose of this paper is to contest Keith's own claims regarding the marketing practices adopted during the so-called 'marketing' and 'marketing control' eras. Drawing from the FBI file kept on the activities of The Pillsbury Company, this paper documents the participation of Pillsbury in anti-competitive practices that started in 1958, just two years prior to the publication of Keith's important article, and concluded in the mid 1960s, with Pillsbury being charged and fined for their involvement with a price-fixing cartel. By revealing a parallel narrative to that presented by Keith, this paper thus revises our understanding of an important contribution to marketing thought, as well as highlighting the occasionally legally problematic nature of interfirm cooperation. [ABSTRACT FROM AUTHOR]

The article discusses Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in the U.S. It compares this legislation with other laws. It mentions several lawsuits in which CERCLA played an important role in providing justice to the plaintiffs, which include, Appleton Papers Inc. versus (v.) George A. Whiting Paper Co., and Anacostia Riverkeeper v. Washington Gas Light Co.

The CK Telecoms judgement shed the light on the difficulties to apprehend unilateral effects, aka insufficient individual rivalry, in the context of a merger. This paper examines the overall European competition law framework applicable to these effects. After underlining the difficulties related to their apprehension by the competition authorities, the adequacy of the solely ex ante-based European competition regime will be assessed as well as the use of the New Competition Tool as an option to solve the identified drawbacks. [ABSTRACT FROM AUTHOR]

This is the first of a two-part paper. The first paper will explore the forensic social worker in the role of expert examiner and witness for immigration lawyers and the immigration court. The second paper will explore the many issues that need to be examined during the biopsychosocial interview to ensure a complete assessment. This paper will consider the four types of cases referred to immigration experts in forensic social work: Spousal abuse cases, criminal immigration cases, hardship cases, and asylum cases. [ABSTRACT FROM PUBLISHER]

Taking the openness of the Shanghai-Hong Kong Stock Connect policy as an exogenous shock, this paper examines how the stock market liberalization affects litigation risks of underlying stock firms and its influencing mechanisms. We use a difference-in-differences (DID) approach to analyse the sample of A-share firms listed on the Shanghai Stock Exchange, and find that the stock market liberalization can better curb litigation risk of the underlying stock firms (i.e. the firms listed on the Shanghai Stock Exchange that can also be traded in the Hong Kong Stock Exchange) than that of the non-underlying stock firms. Further, we provide evidence that the corporate governance mechanism rather than information transmission is the main channel through which stock market liberalization reduces litigation risk of the underlying stock firms. This paper emphasizes the unique role and spillover effects of the stock market liberalization, contributing to the literature on law and finance and the literature on the stock market liberalization. [ABSTRACT FROM AUTHOR]

Which U.S. Supreme Court cases are deemed newsworthy enough to appear on the front page of a major newspaper? Which are covered, but do not appear on the front page, and which are not covered at all? We answer these questions using a unique data set of newspaper coverage of Supreme Court cases in four newspapers from 1953 to 2004—a data set spanning more than 6,200 observations, 25 natural courts, and the tenure of three Chief Justices. We find that the overall proportion of Supreme Court cases covered has declined over this period (from a peak of nearly 100%), although the proportion of cases on the front page has remained more constant. The results of a selection model also suggest that, in the aggregate, coverage patterns on the front page are explained by established norms of newsworthiness, but coverage elsewhere in the paper often follows different criteria. When examining different newspapers in isolation, we also find that individual papers do vary, to a limited degree, in their selection of newsworthy cases. These results are important for those concerned about citizen information about politics, the relationship between the courts and the public, and media gatekeeping. [ABSTRACT FROM PUBLISHER]

The article focuses on the statistical data regarding immigration judicial reviews following their transfer to the Upper Tribunal. It analyzes the findings regarding the number and proportion of claims that were certified without merit and those with substantive hearing. It also provides discussion of several case loads, resources and judicial behavior.

This paper presents actions for annulment as indicator for conflict over policy application in the EU and argues that it is a valuable complement to the indicator of infringement proceedings. This is because annulment actions shed light on conflicts in areas that remain undetected by infringement proceedings and because annulment actions are able to uncover potential multilevel characters of these conflicts. On this basis, the paper identifies four different types of multilevel application conflicts. Based on an original dataset on all actions for annulment initiated against the European Commission between 1957 and 2009, the paper explores the dominant cleavage structure in application conflicts over time. This cleavage structure has changed: national governments have started to become more and more reluctant to use their access to annulment proceedings to influence legal developments in many policy sectors as they no longer try to actively influence the legal dialogue in court. [ABSTRACT FROM AUTHOR]

After 8 years of investigation, the European Commission decided that Google has abused its market dominance by giving prominent placement in its search results to its own comparison shopping service, whilst demoting rival services. This paper discusses the first of these conducts. The paper will assess the harm arising from Google's conduct on consumers and merchants, and will discuss the importance of causality in proving that a conduct is abusive. The paper will also briefly present the remedies for Google's conduct. The argument made herein is that the Commission's decision enters uncharted territories in unilateral conduct enforcement and the decision is subject to criticisms which will be analysed herein. The paper shall assess the implications of the Commission's approach and remedies in this case for future enforcement in unilateral conduct cases. [ABSTRACT FROM AUTHOR]

We reply to Nichols’ (2017) critique of our commentary on the MMPI-2/MMPI-2-RF Symptom Validity Scale (FBS/FBS-r) as a measure of symptom exaggeration versus a measure of litigation response syndrome (LRS). Nichols claims that we misrepresented the thrust of the original paper he co-authored with Gass; namely, that they did not represent that the FBS/FBS-r were measures of LRS but rather, intended to convey that the FBS/RBS-r were indeterminate as to whether the scales measured LRS or measured symptom exaggeration. Our original commentary offered statistical support from published literature that (1) FBS/FBS-r were associated with performance validity test (PVT) failure, establishing the scales as measures of symptom exaggeration, and (2) persons in litigation who passed PVTs did not produce clinically significant elevations on the scales, contradicting that FBS/FBS-r were measures of LRS. In the present commentary, we draw a distinction between the psychometric data we present supporting the validity of FBS/FBS-r, and the conceptual, non-statistical arguments presented by Nichols, who does not refute our original empirically based conclusions. [ABSTRACT FROM PUBLISHER]

Policy processes in contemporary South Africa draw attention to a phenomenon that is both common in policymaking and under-theorised in the anthropology of policy: the tendency for policy to be made both through legislative and administrative fora, and through litigation and the threat of litigation, often concurrently. Given South Africa's robust legal frameworks mandating public participation in policymaking, there is an unexpectedly productive dialectical relationship between administrative and legal processes, where failures of participation create openings for court challenges that may limit the scope for top-down policymaking. These legal actions likewise reflect responses to the country's apartheid history: they rely upon legal oppositional strategies developed to challenge the apartheid state, often by the same actors and organisations, and they rely upon legal institutions that have been deliberately structured to prevent past injustices from being repeated. This paper illustrates these points with two cases from South Africa: first, a local policy implementation process concerned with the issuing of permits for subsistence fishing in the Dwesa-Cwebe Marine Protected Area (MPA) in the Eastern Cape and, second, a national process concerned with the re-opening of claims under South Africa's land restitution programme. [ABSTRACT FROM AUTHOR]

Case salience data are prominent in the US judicial politics literature. By contrast, such data is not available for most other courts. With the continued judicialization of politics in the EU and the CJEU's growing importance, court decisions could increasingly receive public attention. Inspired by US case salience data this paper provides insight into new data on newspaper coverage of 4357 CJEU decisions in eight EU broadsheets. Asking under which conditions newspapers report on judicial decisions, the article links theoretical expectations about the public salience of court decisions with empirical data on CJEU case salience. Multi-level regression models show that the salience of CJEU decisions varies depending on the standing of courts in national political systems, case characteristics, inter-institutional conflict, and the Court's public relations activities. These findings have implications for the perception and communication of the CJEU and provide initial insights into media attention for hundreds of CJEU cases. [ABSTRACT FROM AUTHOR]

In various common law jurisdictions, the doctrine of unconscionability is increasingly being adopted as an explanatory principle of restitution. This equitable characterization at the municipal level has significant implications for private international law. In particular, the issues of characterization and choice-of-law are brought to the fore. This paper approaches those issues from an Australian perspective. Indeed, in the post-Brexit era, it may be expected that the courts of the United Kingdom will be looking more closely to other common law jurisdictions, notably Australia, New Zealand, Canada, and the United States. The paper proposes that restitutionary claims dependent on a defendant’s legal or equitable wrongdoing will in most cases be characterized in accordance with the operative cause of action. However, actions for money had and received andquantum meruit, which arise independently of contract or wrongs, warrant a unique characterization. For such claims, the traditionallex foriapproach to equitable obligations is rejected and a methodology of assimilation by sufficiently close analogy is deemed unmaintainable. Existing choice-of-law rules are therefore unsuitable in the restitutionary context. This paper proposes the proper law is the choice-of-law rule for restitution. In practice, the forum court will examine the circumstances giving rise to the restitutionary obligation, which will reveal the law with the closest and most genuine connection to the claim. [ABSTRACT FROM AUTHOR]

This paper presents a critical short review of an ongoing conflict between science and law in recent Italian litigation with the aim of illustrating how the so-called “flawed science” can negatively impact litigation. An effective story is used to introduce the primary elements that can characterize “flawed science” (i.e. insufficient sample size, the presence of confounding factors, the lack of predefined models, and an insufficient consideration of the so-called “regression toward the mean” phenomenon). An in-depth analysis of the most relevant Italian case law will then show how “flawed science” has been applied in a justice dimension. In particular, analyzing the “L'Aquila case” will demonstrate how “flawed science” can bring about questionable outcomes as regards the establishment of the causal link between negligent conduct and the damage occurred. The paper will then move on to analyze the conflict between technology and progress in an environmental justice context. In order to illustrate this point, the “ILVA case” will serve as a rather effective example of how the so-called “supreme rights” can be avoided through the establishment and application of legitimate legislative tools. [ABSTRACT FROM AUTHOR]

This paper explores the political processes that activists engaged in contesting land grabbing have triggered to connect claims across borders and to international institutions, regimes and processes. Through a review of cases of land-grab resistance that have led to project cancelation or suspension, I argue that contextual elements of the land grab and shifting geopolitics highlight the need for adaptation and refinement of models of transnational advocacy, historically structured in North-South patterns. For example, while some elements of the boomerang pattern of transnational advocacy are still relevant, changing realities call for new empirically enriched models. To this end, I outline two typologies of political contention that can help us conceptualize multi-scalar interactions between activists to demonstrate the impact of local resistances at larger scales - 'the catapult effect' and the 'minefield effect'. This paper contributes to calls for further theorization to understand how feedback processes between international discourses, meso-politics and conflicts and resistance at local sites of production impact the implementation of contested land deals. [ABSTRACT FROM AUTHOR]

Dr Peter Wilmshurst is a consultant cardiologist. He is a leader in his field, and also a whistleblower, drawing attention to that which he believes to be wrong. He was presented with the HealthWatch Award 2003. Peter Wilmshurst has clashed with universities, editors, the medical establishment, and - perhaps inevitably - with the pharmaceutical industry. It is this last encounter that has taken him to court and that has made explicit and very public the relevance of the UK's libel laws to scientific research. [ABSTRACT FROM AUTHOR]

The development of health insurance exchanges within the Patient Protection and Affordable Care Act (ACA) legislation is one of the hottest health policy issues of this decade. With the surprise enrollment success of Kentucky’s exchange called “Kynect,” the influence of how marketing and branding have contributed to the embrace of the policy has garnered interest from scholars and practitioners alike. Driven by the utilization of in-depth interviews, this study found that Kynect’s success was aided by three emergent themes: frequent communication between the outsourced marketing firm, Doe-Anderson, and relevant stakeholders; the willingness to delegate all marketing and branding control to Doe-Anderson; and a multiparty commitment to developing and executing a campaign that would simultaneously adhere to public values and accentuate a feeling of localness to constituents across the state. The paper contributes to existing literature by providing an inside look at how a government can find marketing success against historical odds. [ABSTRACT FROM AUTHOR]

At the time of writing this paper, the key Canadian copyright case was Robertson v. Thomson Corp. in which Heather Robertson, a freelance journalist, took on the publishers of Canada's oldest national newspaper. It's the classic “David and Goliath” set-up of an independent writer who struggles to assert ownership of her own work originally contracted for one-time-only publication in the Globe and Mail, but which was re-sold as part of much larger databases. Even within northern nations, issues of copyright and creators' rights create divisions, as the technology of dissemination evolves, the law (at least in English Canada) has struggled to keep up. This paper argues that authors and publishers must recognise themselves as being simultaneously users, creators and disseminators, and that what might appear advantageous at one point in the cycle of creation may well turn out to be disadvantageous in the longer run. Speaking of longer run: Robertson, who first brought her case in 1996, achieved a partial victory in October of 2006, when the Supreme Court of Canada ruled that while publishers can disseminate the work of freelancers, they must reproduct it in context, maintaining the “essence' of the original publication (as in a CD-ROM reproduction). But the fate of freelance work which has been distributed electronically without specific consent is unresolved, and will most likely to go trial. A decade on, this case has yet to be resigned to the morgue. [ABSTRACT FROM AUTHOR]

This paper examines whether corporations could claim a right to reputation under the European Convention on Human Rights. The existence of such a right could have significant implications for English defamation law as it relates to corporate claimants. The analysis in this paper focuses on Article 8 and Article 1 of Protocol 1, because the European Court of Human Rights has left open the applicability of each of these Articles to the corporate interest in reputation. While the Court’s case law in both of these areas is unclear, the argument advanced here is that there is no good justification for extending a right to reputation to corporations under either Article. However, given the often-haphazard approach the Court takes to developing its interpretation of Convention rights, there is a risk that it will uncritically extend a Convention right to reputation to companies in the future. [ABSTRACT FROM AUTHOR]

Until recently, Japan has been known for its small number of lawyers (bengoshi). Aggrieved clients also rarely brought lawsuits against theirbengoshifor malpractice. However, in 2001, Japan embarked on a sweeping reform of its legal system. As a result, the number ofbengoshidramatically increased. However, there are claims that there has been a decline in the quality of the new generation ofbengoshiand that legal malpractice lawsuits are increasing. Is this really the case and, if so, will there be a crisis in the near future? To explore these questions, this paper will analyse the factors that arguably contribute to the hitherto small number of legal malpractice lawsuits in Japan and then examine whether any of these contributory factors has changed or will change and whether such change (if any) will cause a substantial increase in legal malpractice lawsuits and a crisis in the near future. [ABSTRACT FROM AUTHOR]

This paper proposes a novel thought-experiment, the ‘Turing litigation game’ – or ‘Turing game’ for short. Specifically, we propose replacing the existing arcane and archaic systems of civil and criminal procedure with a simple and probabilistic litigation game resembling the Turing Test from the world of computer science. The paper is divided into six sections. Section 1 provides a brief introduction. Section 2 provides some background by describing the original Turing Test and explaining how the Turing Test resembles the process of adjudication. Section 3 then describes our proposed Turing litigation game and identifies the conditions for implementing this alternative approach to litigation, while Section 4 introduces the possibility of probabilistic verdicts (as opposed to the traditional system of binary verdicts). Section 5 reviews (and refutes) several philosophical objections against our Turing-game concept. Section 6 concludes. [ABSTRACT FROM PUBLISHER]

The paper considers a key counter-terror strategy in the UK post-9/11 – the shift from a criminal justice response to the creation of a parallel preventive system running in tandem with the continuing criminal justice one. The preventive response does not rely on the commission of criminal offences or adherence to ordinary criminal justice safeguards. This preventive strategy relies on targeting terrorist suspects – those who, it is thought, may in future commit terrorist acts – and curtailing their liberty with the aim of preventing terrorist activity before it occurs. Since 2005 the preventive strategy has partly relied on the imposition of control orders on certain terrorist suspects; such orders are about to be replaced by Terrorism Prevention and Investigation Orders (TPIMs) at the end of 2011. Both types of order create a means of controlling or curbing the liberty of such suspects without a criminal trial. The paper evaluates the responses of the courts to control orders, and the reasons for their abandonment in favour of TPIMs. It argues that the human rights' issues raised in court in relation to control orders over the last six years are likely to be re-raised – albeit to a somewhat lesser extent – in relation to TPIMs. In considering this issue, the paper touches on the question of the use of technology in relation to both control orders and TPIMs as measures allowing interferences with liberty. [ABSTRACT FROM PUBLISHER]

All businesses are subject to legal action. When a suit involves allegations of fraud, information contained in electronic documents may form the core of the suit, as it did during a number of successful suits against businesses in the early 2000s. Of equal importance, companies have been punished for intentionally destroying or spoiling or not disclosing electronic documents. This paper discusses how Federal legislation affects electronic discovery, and what professors and students need to know about electronic discovery. It also contains suggestions for how to integrate knowledge about e-discovery into a business information literacy curriculum. [ABSTRACT FROM AUTHOR]

Chinese pollution victims have increasingly started to resort to political and legal action to protect their interests. This paper analyzes such activism by studying how citizens identify the necessity to initiate action against pollution and by investigating the obstacles they meet when attempting to take action. The paper highlights the importance of state and intermediary institutions to aid citizens in understanding the seriousness of pollution and overcoming the obstacles they face. It shows, however, that often such aid is not available, and that state institutions when aligned with industrial interests restrict rather than support citizen action. When this occurs, citizen activism becomes an isolated affair, resulting in adversarial relations with state and industry, sometimes escalating to violence and repression of activists. The paper concludes that isolated activism forces a new look at concepts such as 'embeddedness' and 'rightful resistance' to capture citizen activism and contentious politics in China. [ABSTRACT FROM AUTHOR]

On 18 December 1742, Thomas Hill, defendant in the Chancery proceedings in the leading trade mark case, Blanchard v Hill, won a celebrated victory against a representative of the Worshipful Company of the Makers of Playing Cards in the City of London. On 7 December 1743, he was convicted of a revenue offence against the Crown and sentenced to death. No mercy was shown, and on 17 February 1744 he was removed from Newgate prison to Tyburn, where he was hanged. This short note, a postscript to a paper published in 2003, explores the connection between Hill's success in Chancery and his trial and execution. [ABSTRACT FROM AUTHOR]

Today, liability insurance and legal expenses insurance are generally accepted as benefits to the society and the idea of insuring against litigation risks does not repel us. In the past, however, it was held that such litigation insurance was fuelling litigation at best or going against good morals at worst. What are the reasons behind this? And how does this compare to the legal history of investment in litigation gains? Claim investment has been frowned upon for centuries and today a dismissive narrative continues to dog this 'product'. So, the legal discourses surrounding insurance and claim investments have developed in different directions. How can this be possibly explained? This paper attempts to answer these questions by comparing the historical developments within European jurisdictions of the concept of insurance against litigation loss and that of the concept of litigation investment. Thus, it aims to improve our understanding of historical paths of both phenomena. [ABSTRACT FROM AUTHOR]

The literature on sovereign debt restructurings has not yet fully accounted for the fact that today these deals are mostly about the contractual terms and judicial decision-marking that shape disputes in foreign courts. The heavily theorised concepts of reputation and sovereign immunity can, at best, only partly explain the specific dynamics at play. Here, we present the limitations of the two concepts through an analysis of the protracted US court battle between Argentina and some of its holdout creditors. The December 2011 NY district court decision in favour of these creditors reversed a long record of unenforceability for creditors' demands in foreign litigation. The paper argues that the inability of sovereigns to issue debt abroad due to ongoing international litigation, rather than the more rhetorical reputational punishments, makes default costly and its outcome less predictable. This is possible because governments often waive sovereign immunity from suit, particularly in the Unites States. Since the Argentine case has spurred preemptive reactions by other sovereigns in the form of contractual changes, the deviant case is also a 'trend-setter', informally institutionalising a new international 'contractual normal'. [ABSTRACT FROM AUTHOR]

Currently, the government(s) in the United States can seize a copy of a hard drive of a computer and not violate the Fourth Amendment. This paper examines this situation and looks at ways to protect private computer files under the Fourth Amendment. This paper analyzes the historical context of the Fourth Amendment and its affinity toward tangible private property. Physical private property is protected, but intangible private property such as the information in your computer is not. It is the opinion of the author that this situation should be corrected. Since court cases influence the interpretation of the Amendment, relevant cases are discussed. Since computer forensics is the process used to submit digital evidence in a court of law, the impact of computer forensics is discussed. Seminal work in the area of the Fourth Amendment and digital information is also presented. The paper ends with suggestions on how to incorporate private computer files under the protection of the Fourth Amendment. [ABSTRACT FROM AUTHOR]

The women's movement in Pakistan strategically used the courts to fight for rights-based empowerment over the last 40 years. Its demand to hold the state and judiciary accountable for delivering on its constitutional promise of fundamental rights has led to landmark public interest litigation jurisprudence. This paper presents for the first time the movement's full history of litigation in its key areas of concern: sexual and reproductive rights, protection from discriminatory laws and informal justice mechanisms, socio-economic and environmental rights and political rights. Achievements include positive verdicts, sensitizing judges, progressive legislation and increased public awareness. [ABSTRACT FROM AUTHOR]

Corporate adoption of technology faces challenges such as resource constraints and litigation risk. To investigate if low litigation risk encourages technology adoption and its use, this paper investigates corporate financial reporting on Twitter, a voluntary corporate disclosure practice without obvious litigation risk in Australia. This study reviews 4,540 financial reporting related tweets from 222 ASX listed companies' Twitter accounts. An examination of tweet sentiment reveals a positive reporting bias, as listed companies are more willing to disclose positive financial reporting information on Twitter. A comparison of corporate financial reporting tweets prior to and after 2013 reveals that use of Twitter for opportunistic voluntary disclosure is gaining popularity, a trend that warrants close attention by regulators in order to protect investors from selective disclosure with reporting bias. [ABSTRACT FROM AUTHOR]

This paper considers key systemic issues that have to date constrained the hearing of children's voices in both litigation and mediation processes in Australian family law. It is proposed that the time is now right for child-focused and child-inclusive approaches, described in this and previous publications, to become the default position in mediated disputes over children following separation. The application of child-inclusive practice to non-adversarial forms of litigation is also considered. [ABSTRACT FROM AUTHOR]

This article begins by summarising the Columbus Pilot Project, designed to evaluate a managed interdisciplinary approach to cases of domestic violence and child abuse in the Family Court of Western Australia. A working hypothesis informing the project is that, compared with traditional litigation processes, a managed interdisciplinary approach to these cases will yield outcomes more consistent with children's best interests at lower long-term cost to families, the community, and the Court. The main focus of the article is a progress report on evaluation design issues associated with mapping the costs in these cases. [ABSTRACT FROM AUTHOR]

Reports on the court martial of former Palestinian Attorney-General Norman Bentwich due to the loss of confidential papers related to Operation TORCH in Great Britain during World War II. Responsibility of Bentwich at the Air Ministry in Whitehall; Threat posed by the papers' loss to the security of the military operation; Reflections of Bentwich on his imprisonment.

The article presents an overview on the issue pertaining to the diagnosis of mental retardation in death penalty cases, particularly in the U.S. Supreme Court case Atkins v. Virginia. It offers a discussion on several papers in which the term "Atkins hearing" is derived. In addition, it explores the primary problems with the Atkins rulings as well as the diagnostic criteria that follow the definition of mental retardation.

The widely disseminated court verdict on the former Scotland Yard commander, Ali Dizaei, as a violent bully and a liar at the end of his first trial in February 2010, brought about a noted denunciation of multiculturalism as ‘political correctness’. The jury's decision on the abuse of power by the Iranian-born officer was used by the denunciators to condemn the politics of rights that aligned multiple ethnic and racial identities as equal. The denunciation is looked at as a contingent mobilisation of the apolitical subject that is loitering on the boundary of politics calling for the ‘end of politics’ marked by the exclusion of the Other. At the same time the trial revealed that by advocating a policy designed to subsume particular ethnic and cultural belongings within a universal exercise of rights Dizaei had been able to resume his cultural differences as a source of privileges among his compatriots. Drawing on the incident as a result of which Dizaei had to stand trial and later a re-trial, using various sources, the paper examines the tension between the exercise of rights and privileges built into multiculturalism. The pertinence of the sources used to highlight the tension remains largely unaffected by the questioned reliability of the main witness of the prosecutor and the Appeal Court judges’ decision to order Dizaei's re-trial. The paper argues that multiculturalism sets in motion the incompatible agencies of the citizen, the member of a political community, and Man whose role is inscribed within civil society. Thus, the exercise of equal rights calls for dis-identification of the subject as a social and cultural agent. Such dis-identification, however, is displaced when the subject asserts his identity as Man, the bearer of unequal relations based on class, gender and race. In making provision both for the exercise of rights as well as the assertion of identity multiculturalism becomes instrumental in the subsumption of cultural differences within rights and the resumption of these differences in the articulation of privileges. The mediation of multiculturalism in the realization of rights and privileges accounts for the Iranian-born officer's oscillation between subsuming his cultural differences within British citizenship and resuming these differences in asserting his identity as an Iranian among the diasporic community. Using the notion of cultural diversity Dizaei was able to keep at arm's length the two spheres of rights and identity that allowed him to claim ‘not to be one of them’ thus oscillating between claiming the rights of a British citizen and the privileges of an Iranian magnate. The noted disruption in his power game that brought Dizaei to sit in the dock was the result of a failed attempt by the Iranian-born officer to contain the growing tension in his advocated multiculturalism arising from his simultaneous resort to rights and privilege. [ABSTRACT FROM AUTHOR]

The article discusses several transactions involving legal manuscripts and documents as of 2015, including information about notes on legal cases that were adjudicated by England's Court of King's Bench between November 1740 and June 17, 1741. Then-author Jonathan Sturges' notebook of Connecticut legal cases from 1797 to 1802 is examined, along with acquisitions involving the Yale Law School Library. Personal letters, death warrants, and petitions are mentioned, along with a civil law digest.

As high-profile cases of rape continue to make headlines in Nigeria and beyond-and as rape survivors appear to relent in reporting crimes- it can help to have a better understanding of the laws on rape and the reasons for delayed report of the crime as well as the effect of the statutory time frame within which legal actions can be instituted against perpetrators of rape. One effective way to curb or exterminate the menace of rape is by effective prosecution and punishment of offenders. However limitation statutes may deny citizen's access to justice and it seems not to propel prompt report of rape incidents. This paper examines the Nigerian criminal law of rape and attempts a critical analysis of limitation statutes in selected forums in order to establish its probative value on reporting rape whilst identifying the reasons for delay in report and MEASURES to address same. Materials and methods: materials consulted are statutes, case laws and relevant literatures. Method applied is doctrinal methods and desk based/internet research. Results: probative and qualitative information on the state of the art in concerned areas researched on. [ABSTRACT FROM AUTHOR]

The US Supreme Court ruling in American Express marks a breakthrough for antitrust enforcement in two-sided markets. Not surprisingly, the ruling has sparked lively discussions in the antitrust law and economics community. The majority of the Court argues that if both groups of players are needed to participate simultaneously for a transaction to occur, then both sides of the platform must be included when defining the relevant market. Furthermore, indirect network effects must be duly considered when carrying out antitrust analysis of transaction platforms. Hence, no inference of anti-competitive effects can be derived from price increases on one side of the platform, this being only a natural consequence of differences in the two groups' demand elasticity. Moreover, the Court stresses the relevance of the business model when carrying out the antitrust evaluation of a commercial practice. By drawing a comparison with the EU scenario, the paper analyses how the two-sidedness of platforms may affect the definition of the relevant market, and the assessment of competitive effects and undertakings' business models. [ABSTRACT FROM AUTHOR]

This paper shares results of a study of judgments applying the common law as adapted to the cohabitation context. Specifically, the Supreme Court of Canada has held that couples who formed a 'joint family venture' may need to share the wealth gained during cohabitation. The study compares the couples leading to positive and negative findings of a joint family venture. Positive findings correlate with traditional markers of family and economic integration, such as joint bank accounts and the presence of children. Despite the discourse of family diversity, gendered patterns run across all the couples, with women assuming primary care of children, shouldering domestic labour, and making career sacrifices for the family. In a sign of the limits of judge-made reforms, the doctrine may be harder for some claimants to access than for others, in ways not necessarily tracking commitment and economic integration. [ABSTRACT FROM AUTHOR]

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) made deep cuts to legal aid in the UK from April 2013, withdrawing state aid from almost all private family law cases. The paper is based on the findings of a micro-study of solicitors and Citizens Advice Bureaux (CABx) in Kent and London to investigate the impact of LASPO cuts on their work. The findings suggest that: legal aid firms have closed or merged; legal aid work is often partially carried out in solicitors' own time; 'unbundled' services for litigants in person (LIPs) are increasingly common; and family cases are being complicated and extended by the new ubiquity of the LIP. Respondents suggest that litigants may increasingly be 'giving up' on pursuing their cases, with clear implications for financial justice and contact with children. Further research is needed into the financial and affective impact of the cuts and the distribution of losses and difficulties between genders. The study, however, suggests the likelihood of post-separation poverty, debt and capital losses increasing in the post-LASPO environment, and that firms and CABx are having to find various methods of dealing with clients abandoned by the state. [ABSTRACT FROM AUTHOR]

Official reports and studies have shown that the formal institutionalization of Family Mediation in Estonia by way of implementation of the Mediation Directive has not resulted in a meaningful increase in the use of this method, or raised awareness on the benefits of ADR in the administration of civil matters. This paper identifies and addresses shortcomings that could be attributed to legal gaps, inconsistencies, and/or terminological deficiencies, with a focus on Family mediation. It also expands the discussion from the restrictive domain of legislative development toward more informal institutionalization processes to inform and complement the formulation of regulatory strategies. In principle, the Estonian legal framework does not prevent progress in terms of general awareness, understanding and professionalization. However, the system lacks commitment and creates no incentives for mediation and other ADR methods to become more widely adopted. Further and more interdisciplinary research with a focus on human competences could study the population's reluctance to embrace less adversarial conflict management techniques. Moreover, a weak mediation scheme calls for a more responsive approach that could help disseminate the practice while upgrading the application of the existing laws. [ABSTRACT FROM AUTHOR]